BILL NUMBER: SB 1353	CHAPTERED  08/25/00

	CHAPTER   244
	FILED WITH SECRETARY OF STATE   AUGUST 25, 2000
	APPROVED BY GOVERNOR   AUGUST 24, 2000
	PASSED THE ASSEMBLY   AUGUST 7, 2000
	PASSED THE SENATE   MAY 24, 2000
	AMENDED IN SENATE   FEBRUARY 23, 2000

INTRODUCED BY   Senator Rainey

                        JANUARY 13, 2000

   An act to amend Section 230.3 of the Labor Code, relating to
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1353, Rainey.  Employees: reserve peace officers and emergency
rescue personnel.
   (1) Existing law provides that no employer shall discharge or in
any manner discriminate against an employee for taking time off to
perform emergency duty as a volunteer firefighter.  Existing law
further provides that any employee who is discharged, threatened with
discharge, demoted, suspended, or in any other manner discriminated
against in the terms and conditions of employment by his or her
employer because of taking time off to perform emergency duty as a
volunteer firefighter is entitled to be reinstated and reimbursed, as
specified.  Under existing law, any employer who willfully refuses
to rehire, promote, or otherwise restore an employee, as specified,
is guilty of a misdemeanor.
   This bill would extend those protections to reserve peace officers
and emergency rescue personnel, as defined.
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 230.3 of the Labor Code is amended to read:
   230.3.  (a) No employer shall discharge or in any manner
discriminate against an employee for taking time off to perform
emergency duty as a volunteer firefighter, a reserve peace officer,
or emergency rescue personnel.
   (b) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of employment by his or her employer because
the employee has taken time off to perform emergency duty as a
volunteer firefighter, a reserve peace officer, or emergency rescue
personnel shall be entitled to reinstatement and reimbursement for
lost wages and work benefits caused by the acts of the employer.  Any
employer who willfully refuses to rehire, promote, or otherwise
restore an employee or former employee who has been determined to be
eligible for rehiring or promotion by a grievance procedure,
arbitration, or hearing authorized by law, is guilty of a
misdemeanor.
   (c) Subdivisions (a) and (b) of this section shall not apply to
any public safety agency or provider of emergency medical services
when, as determined by the employer, the employee's absence would
hinder the availability of public safety or emergency medical
services.
   (d) (1) For purposes of this section, "volunteer firefighter"
shall have the same meaning as the term "volunteer" in subdivision
(m) of Section 50952 of the Government Code.
   (2) For purposes of this section, "emergency rescue personnel"
means any person who is an officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, or of a sheriff's department, police
department, or a private fire department, whether that person is a
volunteer or partly paid or fully paid, while he or she is actually
engaged in providing emergency services as defined by subdivision (e)
of Section 1799.107 of the Health and Safety Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
